Wright v. Hardy

Citations

• 76 Miss. 524

Syllabus

<p>1. Landlord and Tenant. Assignees of lessor. Code 1892, g 2539.</p> <p>The provisions of code, 1892, § 2539, giving to the assignees of the lessor the same right of entry as the lessor had enjoyed for the nonpayment of rent, waste, forfeiture of conditions, etc., apply only to estates for life or years, and not to estates in fee.</p> <p>2. Same. Iiands let to lease.</p> <p>Lands let to lease are those conveyed only for life, years, or at will.</p> <p>3. Conveyances. Payment of rent. Conditions subsequent.</p> <p>A deed made to a grantee and her assigns, the word “heirs ” not being'used, in consideration of the payment of a designated rent, carries the fee, a less estate not being limited by express words, the covenant to pay rent being a condition subsequent.</p> <p>4. Same. Right of re-entry for nonpayment of rent.</p> <p>The right of re-entry for nonpayment of rent is not an estate in land; it is a mere right or chose in action.</p> <p>5. Same. Choses in action. Assignment. Code 1892, $ 660.</p> <p>The assignment in writing of any chose in action, under code 1892, § 660, authorizing the same, empowers the assignee to sue and recover on the chose in his own name.</p> <p>6. Same. Any interest in land tfi'ansferable. Code 1892, l 2433.</p> <p>Any interest in or claim to land may, under code 1892, § 2433, authorizing the same, be conveyed in writing.</p> <p>7. Same. Covenant to pay rent.</p> <p>A grantee’s covenant to pay a stipulated rent, contained in and constituting the consideration for the deed to him, is, under code 1892, g<¡ 660, 2433, the one section authorizing the assignment in writing of any chose in action, and the other the conveying in writing of any interest in land, binding between the assignee of the covenant and the assignee of the land in fee.</p> <p>8. Same. Bents. Eqiñty jurisdiction.</p> <p>If a deed provide that the grantee shall pay rents according to a valuation of the land to be made at stated periods, and the time for such valuation pass